The Philippine Fiesta of Victoria’s (PFVI) Laverton property was remortgaged last year at $300,000 as per mortgage document presented by the Concerned Members of Philippine Fiesta of Victoria Inc (CMPFVI) during the 9 December 2015 Supreme Court hearing. The Judge did not include the mortgage issue in the deliberation as it was a new affidavit and not part of the summons.

Gabriel Kuek of AccessLaw, the lawyer representing the CMPFVI led by Maina Walkley, emailed the lawyer of Committee of Management (COM) of the PFVI led by Ross Manuel on 19 November 2015 notifying his clients that they have contravened a 21 May 2014 undertaking.

The court undertaking provides “that until further order of the trial of this proceeding they would not take any steps in the management of the Association without first notifying the plaintiff’s lawyers, via email, of the steps they wish to take at least 10 working days prior to the taking of the proposed steps.”

The undertaking does not include the daily business operation of the Fiesta such as paying rates, taxes, bank fees, utilities, insurance and the like.

Walkley’s group believes that the new loan seems to be in breach of what was agreed upon by the two parties. “It appears that your clients have, in raising a loan of $300,000 and securing the borrowing with a mortgage over the Laverton property, contravened their undertaking of 21 May 2014,” writes Kuek.

The mortgage document was signed on 21 March 2015 by PFVI Chairperson Ross Manuel and Mario Magbiray, and Mark and Lorena Pernell for MLP Corporation Pty Ltd. (See attached mortgage document)

Manuel has yet to respond why his Committee of Management (COM) secured the loan. The biggest PFVI project so far is the building in 2017 of the Philippine Community Centre, a multi-purpose site for cultural, sports and entertainment activities.

Reinstatement as Fiesta members Meanwhile, Kuek told The Philippine Times that his clients have already paid around $3,000 membership fees for the banned members. This is part of the condition set by the Supreme Court before they will be reinstated as Fiesta members. As of this writing, the banned members have not yet been reinstated.

What if Manuel’s COM will not reinstate Maina’s group as members? Kuek said this is not possible. “Failure to reinstate the plaintiffs as full members of the PFVI might amount to disobedience of the Court’s Order. That might justify a further application to the Court for the defendants to be dealt with for contempt of Court,” he said.

The Supreme Court has ordered Manuel’s management to “use their best endeavours and do all things reasonably necessary to accept the Plaintiffs into ordinary membership of the First Defendant (Fiesta) with the Plaintiffs’ respective standings as ordinary members undisturbed by the purported ban from membership imposed upon the Plaintiffs on 30 June 2013, upon payment by the Plaintiffs of the prescribed membership fees (including all past due as ordinary members).” (See Supreme Court order).